High Court of DelhiW.P.(C)/891/2017

Jawahar Park Resident Welfare v. Govt. Of NCT Of Delhi & ORS

2017-02-01Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 891/2017 JAWAHAR PARK RESIDENT WELFARE ..... Petitioner Through Mr.Narender Sharma, Advocate.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through Mr.Saurabh Chaddha, Advocate for R-1, R-2, R-4 and R-5.

Mr.Rajan Tyagi and Mr.

Desh Deepak, Advocates for R-3/SDMC.

Mr.Sanjeev Ralli, Advocate for R-7/DPCC

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 01.02.2017 Petitioner is Jawahar Park Residents Welfare Association. This petition has been filed through General Secretary. Petitioner is aggrieved by the illegal and unauthorized construction which is being permitted at property bearing No.A-92, Jawahar Park, Khanpur, New Delhi. It is stated that this construction is against all the bye-laws of the Corporation.

On advance notice learned counsel for respondent no.3/SDMC has put in appearance. He has filed a status report. He is aggrieved by the submission of the petitioner. His submission is that all actions in accordance with law have been taken against this alleged illegal construction. This status report filed by the petitioner discloses that

this property had been booked on 20.12.2016 for action under Sections 343/344 of the DMC Act. A demolition order was also passed by the Competent Authority. Demolition action was taken on 06.01.2017 and on that date RCC slab at the ground floor was demolished. On 09.10.2017 a letter was communicated to the police to keep a vigil in the property and to ensure that that demolished portion does not come up again and no unauthorized construction is permitted to be carried out any further. Prosecution under Section 466 A of the DMC Act has also been launched against the owner/builder. This status report discloses that the next date for demolition programme is fixed for 09.02.2017. Needless to state that all actions in accordance with law with the active assistance of the local SHO/Police/respondent nos.4 and 5 which shall be obtained by the respondent no.3 and the statement of respondent no.3 that the demolition programme shall be taken to its ultimate goal is taken on record. It is hoped and expected that this commitment shall be honoured in true letter and spirit.

No further orders are called for in this petition. Petition disposed of.

INDERMEET KAUR, J FEBRUARY 01, 2017 ndn